(1) A summary proceeding may be used by parties to settle a controversy, dispose of a
case, or conduct a trial where a party seeks an order, judgment, or amended judgment,
otherwise in accordance with chapters 14-04, 14-05, and 14-09, N.D.C.C.

(2) A summary proceeding may be used when the combined net assets of the parties do
not exceed a fair market value of twenty thousand dollars, exclusive of the homestead, as
defined in N.D.C.C. § 47-18-01.

(b) Beginning of Action--Petition--Summons--Plaintiff's Financial Affidavit. An action
filed under this rule begins when any person signs and files with the court a petition and
financial affidavit, and serves the petition and financial affidavit on the defendant along
with a summons and order for appearance setting a hearing. The initial hearing must be
held not less than 10 days, nor more than 40 days after service of the order by the
plaintiff on the defendant.

(c) Answer--Defendant's Financial Affidavit--Further Relief. The defendant shall serve
and file an answer and financial affidavit at least 2 days before the initial hearing, but no
later than 20 days after service of the order for appearance, or defendant shall be
considered in default. The defendant may set forth any new matter in the answer and
request further relief.

(d) Case Not Suitable for Disposition by Summary Proceeding. Either party may elect
to use a non-summary proceeding, without a showing of cause, by filing a notice of
election no later than 15 days before the final hearing. If the court decides, based upon
the complexity of factual or legal issues, at any stage of the proceeding that the case may
not be fairly disposed of under this rule, it may order that the action be decided by the use
of a non-summary proceeding.

(e) Hearing Procedures.

(1) Any Hearing of the Action Must Be Informal. The court must conduct the hearings
and may make its own inquiry during the hearings. The hearings must be of record and
all testimony must be under oath or affirmation. A trial by jury is not permitted and
attorneys may participate. Attorney's fees and costs may be assessed as provided by law.
The rules of evidence do not apply to a summary proceeding.

(2) The Court Shall Hold the Initial Hearing With Both Parties Present. No interim
order may issue except upon notice and hearing unless the court specifically finds
exceptional circumstances as set forth in N.D.R.Ct. 8.2. No ex parte interim order may
be issued unless the movant executes an affidavit setting forth specific facts justifying the
issuance of the order. A restraining and eviction order may not be issued ex parte unless
the movant also appears personally and good cause is shown for issuance of the order.

The provisions which may be included in an ex parte interim order are temporary
custodyparental rights and responsibilities, parenting time, support
and other appropriate
expenses, use of real or personal property, restraining and eviction.

A hearing must be scheduled within 14 days of the issuance of the interim order. The
party obtaining the ex parte interim order must secure a hearing date and serve the
interim order and the order for appearance on the adverse party.

The initial hearing, whether in response to an ex parte interim order or otherwise, must
be conducted by the court to afford such temporary relief to the parties and the minor
children as provided in N.D.R.Ct. 8.2(b).

(3) The Court Shall Schedule a Final Hearing Within 60 Days After the Initial Hearing
to Decide the Issues of Law and Fact. The hearing may be continued as necessary. The
court may utilize any services for the protection of persons and property that are available
in a non-summary proceeding, including appointment of a guardian ad litem, mediator, or
referee. The costs of services may be assessed as provided by law against the parties in
the proportion as the court determines just and equitable.

(4) There Will Be No Formal Discovery. At the initial hearing, or at any subsequent
time, the court shall specify information to be furnished in addition to the financial
affidavit.

(5) Mediation, or other nonadversarial methods, should be used when appropriate as a
means of resolving disputes.

(f) Judgment or Order. Based upon the evidence presented, the court shall issue a
written judgment or order indicating its decision in all cases begun under this rule. A
judgment or order may be entered without the appearance of either party at the final
hearing. The court may utilize all powers available to a district court which are not in
conflict with this rule. The court shall make findings of fact and conclusions of law in
writing or orally and recorded in open court.

(g) Appeal. An appeal to the North Dakota Supreme Court may be taken by a party as
in any civil action.

(h) Option. The presiding judge of each judicial district may designate one or more
judges or referees who will use the proceeding.

EXPLANATORY NOTE

Rule 8.5 was amended, effective ___________________.

Rule 8.5 was made permanent, effective February 12, 2003.

Rule 8.5 was initially adopted, effective October 1, 1996, as a pilot project in two
judicial districts.

Subdivision (h) was amended, effective August 1, 2001, to permit the presiding judge of
each judicial district to designate one or more judges or referees to use the proceeding.